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Buachaill
Buachaill, Barrister
Category: UK Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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Hello. I am the settlor of a trust (life insurance). One of

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Hello.
I am the settlor of a trust (life insurance). One of my appointed trustees has left the UK (over 2 years ago) and I wish to remove him from the trust. I have been told by my insurance company that I have the power to do so, but I need to have a deed drawn up by a solicitor under section 36(1) of the Trust Law whereby I authorize his removal. Where would I be able to find the correct wording for such a deed? Is there a precedent for the removal of a trustee under these circumstances? Thank you very much in advance for your advice.

Buachaill : 1. http://www.friendslife.co.uk/doclib/cts47.pdf Here is a precedent for the removal of a trustee by a settlor. This deed is designed for use by a solicitor, so you should exercise caution in doing it yourself. However, if you apply it properly it should solve your problem and ensure the removal of the trustee who is over 2 years abroad. Consider using the services of a solicitor if the insurance company does not accept your deed.
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Customer: replied 4 years ago.
Thank you for this link. I had seen it and was wondering why my own insurance company couldn't provide me with a similar one. My insurance company has asked me to get a solicitor's deed of removal. Would it be appropriate for me to take this example to my solicitor and ask him to prepare something similar on his firm's headed paper and then witness my signature? If so, what kind of fee should I expect to have to pay?
2. Yes it would be appropriate to take this to a solicitor. However, the fee would have to be open to negotiation. You will have to seek to negotiate a reduced fee if you have a precedent. In those circumstances, it is impossible to precisely state a fee.
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